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Child Custody When Another State is Involved

In Child Custody by Sarah Hink

The reasons for going before another court are not always nefarious though. Over time, life circumstances change and parents and/or children move to other states. Because of the complexities and potential abuses of the legal system when multiple states are involved, the states had to develop a set of laws for clarity. The Uniform Child Custody Jurisdiction Enforcement Act Jurisdiction is Latin for “to speak the law.” In order for a court to enter valid, enforceable orders, it must have jurisdiction over the subject of the lawsuit as well as jurisdiction over the people in the lawsuit. Otherwise, any order entered is not a legitimate order. When it comes to child custody orders, jurisdiction is a really big deal. Imagine paying lawyers and going through months and months of legal …

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Can I Modify My Out-of-State Custody Order in North Carolina?

In Child Custody by Sarah Hink

For a parent to seek a modification of child custody orders, North Carolina law requires a showing of “changed circumstances by either party or anyone interested.” It is very common for courts to revisit child custody orders over time. The jobs, relationships, and living arrangements of the parents change over time, the children get older and have different needs and activities, and life keeps flowing. Modifications can get tricky, however, when it comes to custody orders from other states. This is because of a concept known as “jurisdiction.” Latin for “to speak the law”, jurisdiction refers to the ability of a court to consider a case and to issue an enforceable order. When it comes to child custody orders, the court that originally issued the child custody order retains sole …

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Child Custody When Multiple States Are Involved

In Child Custody by Sarah Hink

When parents cannot agree on child custody arrangements for their children, they will turn to the courts to make a determination. These cases can become complex and highly contested amongst the parties and their attorneys. Imagine then, when courts from multiple states are involved. Most lawyers are licensed to practice law in their own state and are familiar with their own state laws and courts. Further, other states have their own state laws and local rules that may look completely foreign. In order to resolve interstate custody conflicts, states recognize and follow the Uniform Child Custody Jurisdiction and Enforcement Act. Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) In order for any court in this country to hear a case, it must have jurisdiction. This is Latin for “law speak”, …